General Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Boni-Shop GmbH) through the website www.boni-shop.co.uk. Unless otherwise agreed, any terms you use are excluded from incorporation.
(2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods .
We sell the goods partly or exclusively as a commission agent in our own name on behalf of a third party, meaning for a third party as the owner of the goods. Notwithstanding this, we are the contractual partner with all rights and obligations.
(2) By listing the respective product on our website, we offer you a binding offer to conclude a contract through the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to Order" (or similar designation) button and entering the personal details as well as payment and shipping conditions, you will finally see the order data as an order summary.
If you use an immediate payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order summary page in our online shop or redirected to the website of the provider of the immediate payment system.
If redirected to the respective immediate payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you either on the website of the immediate payment system provider or after you are redirected back to our online shop, as an order summary.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order details in the order summary.
By submitting the order via the corresponding button ("place order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare the acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is indicated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and especially that it is not blocked by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via SOFORT / Immediate Transfer
If you select the payment method SOFORT / Immediate Transfer, the payment processing is carried out through the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The use of the SOFORT payment method requires that you have an online banking account activated for this purpose. During the payment process as part of the order, you must authenticate yourself accordingly and confirm the payment instruction to SOFORT. The debit of your bank account takes place immediately after the order is placed. More information about SOFORT can be found at https://www.klarna.com/sofort/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use other payment services; if special payment terms apply, you will be separately informed. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additional provisions apply:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership of the goods subject to retention of title is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice value that arise from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The choice of the securities to be released is at our discretion.
§ 5 Warranty
(1) There are statutory warranty rights.
(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage, and to promptly notify us and the carrier of any complaints. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it before submitting the declaration of the contract and the deviation was explicitly and separately agreed between the parties.
(4) If you are an entrepreneur, the following warranty provisions apply in deviation from the above:
a) Only our own specifications and the product description of the manufacturer are considered agreed upon as the condition of the goods, not other advertising, public statements, and remarks of the manufacturer.
b) In the case of defects, we provide warranty either by repair or replacement at our choice. If the repair fails, you may choose to demand a reduction or withdraw from the contract. The repair is considered failed after a second unsuccessful attempt unless something else results specifically from the nature of the goods or the defect or the other circumstances. In the case of repair, we are not required to bear the increased costs resulting from transporting the goods to a location other than the place of performance, unless the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The limitation period does not apply to:
- damages caused by us due to the injury of life, body, or health, and for other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the goods;
- for goods that have been used in accordance with their usual use for a building and have caused its defectiveness;
- statutory recourse claims you have in connection with warranty rights against us.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services under the business relationships with us and the place of jurisdiction is our location, unless you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if the residence or habitual residence is not known at the time of filing the lawsuit. The right to also call a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply.
II. Customer Information
1. Identity of the Seller
Boni-Shop GmbH
Wissmannstraße 58
27755 Delmenhorst
Germany
Phone: 04221 45 777 00
Email: info@boni-shop.com
Alternative Dispute Resolution:
(2) The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are willing, but not obligated, to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions "Formation of the Contract" in our General Terms and Conditions (Part I.).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German .
3.2. We do not store the full text of the contract. Before submitting the order through the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have subjected ourselves to the quality criteria of the Käufersiegel of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a corresponding button on our website or in the respective offer, will be shown separately during the ordering process, and are to be borne by you in addition, unless free shipping is promised.
6.3. Costs arising from the transfer of money (transfer or exchange rate fees by financial institutions) are to be borne by you in cases where the delivery is to an EU member state but the payment is made outside the European Union.
6.4. The payment methods available to you are listed under a corresponding button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company or a person not named by the entrepreneur to carry out the shipment.
If you are an entrepreneur, the delivery and shipping are at your risk.
8. Statutory Warranty Rights
The warranty for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These terms and customer information have been created by IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 09.01.2024
